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(영문) 부산지방법원 2016.08.11 2016고단3017
위계공무집행방해
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person who operates an English teaching school in the trade name of “F” in the operation of an apartment E-dong 46 commercial buildings in Busan-gu, 203.

On December 1, 2015, at around 19:30, the Defendant: (a) received a request from HH high school English teacher I, his/her father, the Defendant’s father, to review and correct the English examination problem at the end of the second semester of H high school in 2015, which was scheduled to take place on December 8, 2015; and (b) received a copy of the English examination paper, and became aware of the above English examination problem.

On December 2, 2015, the Defendant, while running English lessons in F, provided that the English language test problem known to him as above, is the first-year student of H high school of the above teaching school, “it would be good that this problem would be feasible, so it would be good that it will be feasible, and that it will be feasible, because it would be feasible,” and that the Defendant informed the above J of four English tests Nos. 29 through 32 to be withdrawn.

Accordingly, the Defendant interfered with the performance of duties concerning the fair final test management of H high school personnel who are public schools by deceptive means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to I;

1. Statement made to K in the police statement;

1. Each statement;

1. Application of Acts and subordinate statutes to the original English test of H;

1. Article 137 of the Criminal Act applicable to the facts constituting an offense and Article 137 of the choice of punishment;

2. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no basic area (from August to January 6) (the person subject to special sentencing) [Judgment of sentencing] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) [No person subject to special sentencing] [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution of Official Duties] [Article 62(1) of the

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